DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
	Docket No. 0588l-05
	23 October 2006

   From:	Chairman, Board for Correction of Naval Records 
   To:	Secretary of the Navy
	
	Subj:        FORMER	
		REVIEW OF NAVAL RECORD
	
	Ref:	(a) 10 U.S.C. 1552

Encl:	    (1) DD Fe m 149
  (2 ) ECNMICOFB ltr 5220 CORB: 002 5 Oct  05
  (3) Subject’s naval record

1.	Pursuant. o the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board r questing, in effect, that the applicable naval record be corrected t show that he was discharged by reason of physical disability vice failure to adapt.

2.	The Board, consisting of Messrs and  reviewed Petitioner’s allegations of error and injustice on l9 October 2006,  and pursuant to its regulation determined that the Corrective action indicated below should he taken on the available evidence of record. Documentary material considered by the Board consisted  of  the enclosures, naval records, and applicable statutes, regulations and policies.

3.	The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.	Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.	In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application commented to the effect that the request has merit and wa rants favorable action.

CONCLUSION:

U on review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective
action.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected to show that he was discharged by reason of physical disability on 15 May 2002, pursuant t 10 U.S. Code 1203, due to acute viral pneumonia with bilateral pulmonary effusions and bronchitis, with a disability rating of 10% under Department of Veteran Affairs Schedule for Rating Disabilities code 6699-6604.

b.	That copy of this Report of Proceedings he filed in his naval record..

4.	It is certified that a quorum was present at the Board’s review a deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.
	
RO ERT D. ZSALMAN	JAMES R. EXNICIOS
Recorder	     Acting Recorder

5.	Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

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